United States · United States Congress · 1 March 1984
Amends title XVIII (Medicare) of the Social Security Act to provide that a hospital shall be considered to be located in an urban area for purposes of the prospective payment system if the wage level within the county (or equivalent area) in which the hospital is located is not less than the average wage level for urban areas in the State.
United States · United States Congress · 23 February 1984
Comprehensive Environmental Response, Compensation, and Liability Act Amendments of 1984 - Title I: Funding - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA) to replace provisions for environmental taxes on petroleum, certain chemicals, and hazardous waste disposal with provisions for fees on petroleum, certain chemicals, and hazardous waste disposal and provisions for the collection, enforcement, and deposit of such fees in the Hazardous Substance Response Trust Fund. Imposes a fee of four cents a barrel on: (1) crude oil received at a U.S. refinery (to be paid by the operator of the U.S. refinery); and (2) petroleum products entering the United States for consumption, use, or warehousing (to be paid by the person entering the product for such purposes). Imposes such fee (to be paid by the user or exporter) on any domestic crude oil if: (1) it is used in or exported from the United States; and (2) such fee was not imposed before such use or exemption. Provides that such fee shall not apply to any use of domestic crude oil for extracting oil or natural gas on the premises where such crude oil was produced. Sets forth definitions and special rules. Provides that only one fee may be imposed under this part with respect to any petroleum product. Makes such fee effective on October 1, 1985. Provides that such fee shall not apply after September 30, 1990. Imposes a fee on any assessed chemicals sold (or used) by the manufacturer, producer, or importer thereof. Sets forth a table of assessed chemicals, with a specified fee per ton for each. Sets forth definitions, exceptions, and other special rules. Provides for a refund or credit for certain uses. Makes such fee effective on October 1, 1985. Provides that such fee shall not apply after September 30, 1990. Imposes a fee on the disposal of hazardous waste which is listed or identified under specified provisions of the Solid Waste Disposal Act. Provides that such fee shall apply only to hazardous waste disposal which is required to be carried out in compliance with hazardous waste management provisions of such Act, and shall not apply to the treatment of any hazardous waste, including thermal treatment by incineration at a facility for which a permit is in effect under hazardous waste management provisions of such Act. Sets the amount of such fee at: (1) $20 per ton of assessable hazardous waste which is disposed of by means other than underground injection; and (2) $10 per ton of assessable hazardous waste which is disposed of by means of underground injection. Requires the owner or operator of the facility to pay such fee with respect to the disposal of any hazardous waste at a facility for which a permit is in effect under the hazardous waste management provisions of the Solid Waste Disposal Act. Requires the person disposing of the hazardous waste to pay such fee with respect to any other disposal of hazardous waste. Sets forth special rules relating to such fee on disposal of hazardous waste. Provides that no such fee shall be imposed on the disposal of any solid waste which is required to be studied under specified provisions of the Solid Waste Disposal Act unless, after receipt of the required studies, the Congress enacts legislation respecting the application of such fee to such solid waste. Makes the fee on disposal of hazardous waste effective on October 1, 1985. Provides that such fee shall not apply after September 30, 1990. Directs the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations for the collection of fees under this title, including reporting and information-gathering regulations. Authorizes the Administrator to use authorities relating to inspection of records and access under hazardous waste management provisions of the Solid Waste Disposal Act and specified provisions of this Act for purposes of carrying out this title. Sets forth criminal and civil penalties for specified violations of this title. Requires that revenues from fees established under this title be deposited in the Hazardous Substance Response Trust Fund. Authorizes appropriations to the Fund for FY 1986 through 1990. Title II: Amendments Relating to Response Authorities under CERCLA - Amends CERCLA to revise provisions relating to response authorities. Revises provisions relating to the State share of certain costs. Prohibits the Administrator from providing specified remedial actions unless the State in which the release first occurs enters into a contract or cooperative agreement with the Administrator providing specified assurances deemed adequate by the Administrator. Limits the State share to: (1) ten percent of the future operation and maintenance costs of any onsite remedial actions provided for the expected life of such actions, as determined by the Administrator, and ten percent of costs of the remedial action; or (2) 50 percent of any sums expended in response to a release or threatened release at a facility (not including navigable waters or the beds underlying those waters) that was owned and operated by the State or local government at the time of any disposal of hazardous substances therein, including all future operation and maintenance costs of any onsite remedial action. Directs the President to reimburse from the Fund any State which has paid, at any time after the enactment of CERCLA, in excess of ten percent of the costs of remedial action at a facility owned but not operated by the State or local government. Repeals specified provisions relating to CERCLA preemption of State law (thus allows States to require taxes or other contributions to State funds similar to Superfund. Authorizes States to bring abatement actions under CERCLA in Federal district courts and to take other necessary abatement actions, including issuing orders to protect public health and welfare and the environment. Raises the amount of the fine for willful violations of, or failures or refusals to comply with, such abatement orders of the President (or of a State). Sets forth provisions for citizen petitions for evaluation of facilities included in the emergency and remedial response information system (ERRIS). Allows any person, in the case of any release or threatened release at an ERRIS facility, to petition the Administrator to evaluate such facility in accordance with the hazard ranking system under the national contingency plan in order to determine the national priority of such release or threatened release. Directs the Administrator, upon receipt of any such petition, to promptly commence such evaluation or provide a written explanation as to why such evaluation is not warranted. Authorizes the Administrator to make grants available to any group of individuals which may be affected by a release or threatened release at any facility which is listed under the national priorities list under the national contingency plan for the purpose of enabling such group to obtain technical assistance to review and assess data and information prepared by the Administrator in connection with: (1) the evaluation of such facility under the hazard ranking system; or (2) any proposed plan for remedial action at such facility. Allows only one such grant with respect to any single facility. Limits the amount of any such grant to $40,000. Requires each grant recipient to contribute at least one-eighth of the total costs of the review and assessment. Sets forth standards for cleanup actions under CERCLA response authorities. Provides that the remedial action selected shall require that the level or standard of control of each hazardous substance, pollutant, or contaminant be consistent with such standards under other relevant provisions of law. Directs the Administrator to make any revisions in the national contingency plan necessary to carry out such purpose. Permits waivers of such standards if: (1) an alternative remedial action will provide protection of human health and the environment substantially equivalent to the remedial action which would be necessary to comply with such standards; or (2) compliance with such standards at the site or facility in question will consume such a disproportionate share of the Fund resources as to have the effect of deferring or preventing remedial action at other sites or facilities which pose a significantly greater threat to human health and the environment. Provides that no permit shall be required under Federal, State, or local law for any removal or remedial action undertaken by any person pursuant to CERCLA at the location of the release or threatened release. Authorizes the Administrator to establish the exclusive administrative procedures for making any determination under provisions for standards for CERCLA cleanups. Includes (by removing an exclusion) under the definition of "hazardous substance" for purposes of CERCLA response and liability provisions: petroleum (including crude oil) and natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). Includes (by removing an exclusion) under the definition of "pollutant or contaminant" for purposes of CERCLA response authorities: petroleum (including crude oil) and natural gas, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas). Sets forth a regulatory program with standards for underground storage tanks. Directs the Administrator, within 12 months after the enactment of this Act, to promulgate regulations establishing performance standards, applicable to owners and operators of underground storage tanks used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons, in order to prevent releases into the environment for the operational life of the tank. Provides that such regulations shall apply only to underground storage tanks located on property used primarily for commercial or governmental purposes. Directs the Administrator to distinguish in such standards between requirements for new tanks and those for tanks already in existence. Sets forth requirements which must be included in such standards. Authorizes the Administrator to implement such standards through: (1) promulgation of regulations made effective in accordance with specified hazardous waste management provisions of the Solid Waste Disposal Act; or (2) establishment of a permit program if necessary. Provides that such permits may be required for any person or category of persons who stores any hazardous substance, including gasoline or any other liquid hydrocarbon, in an underground storage tank located on property primarily used for commercial or governmental purposes. Provides that specified provisions of the Solid Waste Disposal Act shall apply to the program and requirements established under this Act in the same manner as such provisions apply to the hazardous waste regulation program under such Act. Provides that the failure or refusal of an owner or operator of any underground storage tank to provide to a supplier of any hazardous substance, including gasoline or any other liquid hydrocarbon, appropriate evidence of compliance with standards established under this Act shall constitute a defense to any enforcement action brought under any other authority of law to require such supplier to deliver any such substance to such tank. Sets forth criminal penalties for persons who knowingly commit material violations or omissions with respect to requirements established by the Administration under the regulatory program established by this Act, if such violation or omission results in a release or threatened release of any hazardous substance (including gasoline or other liquid hydrocarbon) from an underground storage tank. Authorizes appropriations for FY 1985 through 1987 to carry out this regulatory program. Provides that up to 50 percent of such appropriations in any such fiscal year may be used to make grants to States for development and implementation of State programs to carry out this regulatory program. Directs the Administrator, within one year after the enactment of this Act, to conduct a study regarding underground storage tanks which are located on residential property and used for the storage of hazardous substances, including gasoline or other liquid hydrocarbons. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and the Congress on the results of such study, with recommendations on whether such tanks on residential property should be subject to requirements under this regulatory program. Makes CERCLA national contingency plan provisions applicable to federally owned or operated facilities. Directs the Administrator, within one year after the enactment of this Act, to: (1) apply specified criteria (for determining priorities among releases or threatened releases throughout the United States for purposes of taking remedial action) to each facility owned or operated by a Federal agency at which there is a release or threatened release of any hazardous substance or pollutant or contaminant; and (2) revise the national priority list (based on such criteria) to include such Federal facilities in the same manner and to the same extent as non-Federal facilities. Provides for remedial investigations and feasibility studies at Federal facilities. Directs each Federal agency with administrative jurisdiction over any facility included on the national priority list under the national contingency plan to conduct, in accordance with such plan, a remedial investigation and feasibility study with respect to such facility. Requires that such investigations and studies be completed by December 31, 1986. Directs the Administrator to approve such investigations and studies which are consistent with the national contingency plan. Directs the Federal agency involved to commence remedial actions at such facility within 120 days after such approval by the Administrator. Includes references to "pollutants" or "contaminants," in addition to "hazardous substances," under CERCLA liability provisions. Revises the statute of limitations under CERCLA claims procedure provisions to allow presentation of claims and commencement of specified cost recovery actions until six years after the date of completion of the response action. Limits court review of abatement orders under CERCLA to actions to: (1) enforce such orders; (2) recover penalties for violations of such orders; or (3) recover punitive damages in connection with such order. Provides that, in any action under CERCLA liability provisions, the results of any EPA laboratory tests to determine what substances are present at the site of the release or threatened release may be introduced into evidence and shall be presumed to be accurate. Provides that such presumption shall be overcome if the defendant establishes by a preponderance of the evidence that such test results lack a reasonable basis. Includes interest on the costs and damages referred to in CERCLA liability provisions among the amounts recoverable in actions under such provisions. Provides for access authorities under CERCLA response authorities. Establishes civil penalties for noncompliance with EPA or State requests for such access. Sets forth requirements for the use of settlement funds obtained under CERCLA. Requires that any costs or damages recovered by the Administrator in any settlement of an action brought under liability provisions with respect to a release at a facility shall be retained by the Administrator and used only for removal or remedial action (or both) at such facility, except to the extent that the amount of settlement exceeds EPA expenses (after receipt of the settlement) for removal and remedial action at such facility. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR), on or before September 30, 1991, to also carry out health effects studies at a total of 75 top priority sites on the national priority list under the national contingency plan. Provides that such sites shall be the 75 which the ATSDR determines to present the most significant risk to human health. Authorizes for the period FY 1986 through 1990 the use of not more than $20,000,000 of the amounts available for payments to the Secretary of Health and Human Services for costs incurred in carrying out ATSDR responsibilities under CERCLA. Provides that such sums shall remain available until expended. Authorizes for the period FY 1986 through 1990 the use of not more than $50,000,000 of the amounts available in the Fund for grants to States to implement State response actions which are consistent with the national contingency plan in the case of States which have demonstrated the ability and willingness to carry out a high level of such response actions and which are authorized to carry out State programs under hazardous waste management provisions of the Solid Waste Disposal Act. Authorizes for the period FY 1986 through 1990 the use of not more than $25,000,000 of the amounts available in the Fund for grants for research and development activities regarding innovative technologies which may be used in removal and remedial actions under CERCLA. Deletes a condition that a guarantor must be "acting in good faith" in order for certain limitations of liability to apply. Repeals specified provisions for transfer of liability to the Postclosure Liability Fund. Directs the Administrator, within six months after enactment of this Act, and after consultation with the States, to submit a report to the Congress with a schedule for the cleanup of sites which are listed on the national priority list under the national contingency plan. Repeals provisions authorizing the use of the Fund to pay the costs of Federal or State efforts in the restoration, rehabilitation, or replacement or acquiring the equivalent of any natural resources injured, destroyed, or lost as a result of a release of a hazardous substance. Repeals provisions authorizing the President or a State to assert claims against the Fund for injury to, or destruction or loss of, natural resources resulting from a release or threatened release of a hazardous substance from a vessel or a facility.
United States · United States Congress · 23 February 1984
Directs the President to: (1) secure from the Indochina nations a full accounting of Americans captured or missing as a result of the Vietnam conflict; and (2) work for the release of captive Americans and the return of the remains of those American servicemen and civilians who died in Southeast Asia. Requires the President to submit two reports to Congress on American POW/MIAs in Southeast Asia.
United States · United States Congress · 9 February 1984
National Drug Education Act of 1984 - Directs the Secretary of Education to make grants to States to assist local educational agencies (LEAs) in establishing and improving drug, alcohol, and tobacco education programs for elementary and secondary school students. Directs the Secretary to make such grant payments to States in amounts based on relative numbers of children in average daily attendance in elementary and secondary schools. Authorizes States to reserve up to seven percent of such grant payment for State administration of drug, alcohol, and tobacco education programs. Sets forth requirements for State applications for such grants. Requires State educational agencies (SEAs) to assure that LEAs will retain autonomy and flexibility in planning such programs. Requires SEAs to contribute, in cash, 20 percent of the cost of each program approved by the State. Directs the SEA to allocate grant funds to LEAs on the basis of relative numbers of children in daily attendance in elementary and secondary schools. Directs the SEA, from the amount allocated to an LEA, to pay up to 75 percent of the cost of the approved program. Provides for reallocation of amounts not spent by LEAs within a specified time period. Sets forth requirements for LEA applications for such allocations. Requires an LEA to pay five percent of the total program cost, in cash or in services, equipment, or facilities. Requires LEA planning for cooperation and coordination with Federal, State, and local police departments and agencies. Requires assurances that the LEA program will meet any special needs of low income and minority students. Sets forth provisions for program participation of children from private schools. Sets forth administrative provisions for audits and withholding of program payments to States. Directs the Secretary to report annually to the Congress on activities assisted under this Act. Authorizes appropriations to the Secretary of Education to carry out this Act for FY 1985 through 1987.
United States · United States Congress · 9 February 1984
Amends the Communications Act of 1934 to prohibit the direct or indirect ownership or control of a national television network or a cable television multiple system operator that serves at least 250,000 subscribers by: (1) an alien; (2) a foreign government or corporation; (3) any corporation which has an alien officer or director or of which more than one-fifth of the capital stock is owned by an alien or a foreign government or corporation; or (4) any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the directors are aliens, of which more than one-fourth of the capital stock is owned by aliens or a foreign government or corporation, or of which any officer is an alien if the Federal Communications Commission finds that prohibiting such alien officership serves the public interest. Eliminates the Commission's authority to permit more than one-fourth of the directors or stockholders of a parent company of a broadcast licensee to be aliens when it serves the public interest. Declares that the provisions of this Act shall not apply to any interest of ownership or control in existence on February 9, 1984.
United States · United States Congress · 8 February 1984
Scout Commemorative Coins Act - Amends Federal law to direct the Secretary of the Treasury to mint and issue Boy and Girl Scouts of the United States of America half dollar coins commemorating the 75th anniversary of the Scouts of America. Limits the number of coins that may be minted and sets forth certain features of such coins. Directs the Secretary to sell the minted coins for a certain price or for a price equivalent to the average cost of minting and distributing such coins. Authorizes appropriations.
United States · United States Congress · 26 January 1984
Expresses the appreciation of Congress to the descendants of blacks who contributed to American Independence. Encourages State and local governments and private organizations to conduct activities during Black History Month 1985 in honor of black involvement in the American Revolution.
United States · United States Congress · 24 January 1984
Expresses the sense of the Congress that the President should direct the U.S. Ambassador to the United Nations to introduce a resolution in the U.N. Security Council to establish a U.N. peacekeeping force to replace the Multinational Force in Lebanon.
United States · United States Congress · 18 November 1983
High Technology Research and Scientific Education Act of 1983 - Title I - The Credit for Increasing Research Activities; ACRS for R&D Equipment - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Makes depreciation of research equipment eligible for the R&D credit. Eliminates the special three-year accelerated cost recovery system (ACRS) category for research equipment. Increases contract research expenses eligible for R&D credit purposes to 75 percent of the amount paid to others for research on the taxpayer's behalf. Provides that in-house and contract research expenses paid or incurred by a regular corporation will constitute qualified research expenses for R&D credit purposes. Provides that in the case of research being conducted in partnership form, the "in carrying on" test is applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Title II - Promotion of University Research and Scientific Education - Establishes a new income tax credit equal to 25 percent of payments to universities for basic research which exceed a fixed, maintenance-of-effort floor. Calculates the maintenance-of-effort floor as the greater of the annual average of university basic research payments over 1982-1983 or one percent of the average annual R&D budget over 1981-1983. Treats the portion of the university basic research payments which is not in excess of the maintenance-of-effort floor as contract research expenses eligible for purposes of computing the regular incremental R&D credit. Allows corporations an income tax deduction for contributions of scientific and technical property or services to an institution of higher education. Defines scientific property to mean computer software or other equipment used in a trade or business, which is donated for the direct education of students and faculty, for research and experimentation, or for research training in the United States in mathematics, the physical or biological sciences, engineering, or computer science. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property or services. Limits the amount of such deduction to ten percent of taxable income computed without regard to specified deductions. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Specifies that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 18 November 1983
National Observance Advisory Act - Establishes a commission known as the President's Advisory Commission on National Observances to establish criteria for recommending to the President that a proposed national observance be approved or disapproved.
United States · United States Congress · 18 November 1983
Revises the general procurement provisions under general military law to prohibit procurement through price redeterminable basic ordering agreements unless the pricing systems will result in fair and reasonable prices. Prohibits sole source procurements of spare parts unless competitive bidding would not result in fair and reasonable prices. Prohibits consideration of procurement bidding where: (1) the low competitor has a definite advantage over the other competitors; (2) only two bids are received and one bidder is not a manufacturer; or (3) the lowest final price is not reasonable, in that it results in substantial price increases over the previously paid unit price.
United States · United States Congress · 17 November 1983
Uniform Single Audit Act of 1983 - Amends title 31 of the United States Code to add a new chapter 75 - Requirements for Single Financial Audits. Establishes uniform single financial audit requirements for State and local governments and nonprofit organizations that receive Federal assistance. Directs the President to prescribe policies, procedures, and regulations to implement this chapter. Permits the President to delegate the authority to prescribe policies and procedures to the Director of the Office of Management and Budget (OMB) and the responsibility to prescribe regulations to the appropriate executive agencies. Requires the Director of OMB and the appropriate executive agencies to consult with the Comptroller General of the United States in the preparation of such policies, procedures, and regulations. Requires the Director within one year to establish a plan of action to assure that single financial audits are conducted within three years from the enactment of this Act, and thereafter. Requires any entity receiving at least $100,000 in Federal assistance for a fiscal year to conduct at least biennially a single financial audit covering all of its funds. Requires such audits to be conducted by independent auditors in accordance with accepted Government auditing standards. Declares that the total amounts of Federal, State, local, and other assistance, respectively, received from all sources by the entity shall be used in a single financial audit for testing compliance with the financial requirements of such assistance programs. Requires the materiality level selected in the audit for testing to be based on the professional judgment of the independent auditor, except in the case of an individual grant, program, or project that exceeds $30,000,000 (or does not exceed $30,000,000 but does exceed $500,000 or three percent of the entity's total Federal expenditures,) in which case the auditor must apply tests in accordance with this Act. Requires the Comptroller General, for every five year period, to report to specified Congressional committees as to whether such thresholds should be increased. Requires each entity receiving Federal assistance and subsequently making a portion of it available to another entity to ascertain whether a single financial audit has been conducted of the recipient. Permits the use of Federal assistance to pay for such audits. Permits the Director of OMB to arrange an audit of any entity that has failed to comply with the requirements of this Act. States that small business concerns and business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the performance of audits under this Act. Declares that single financial audits conducted in accordance with this Act shall fulfill any other financial audit requirement imposed by the Federal government. Requires the Comptroller General to monitor all reported bills of the House and the Senate and review any audit provisions.
United States · United States Congress · 16 November 1983
Electric Consumers Protection Act of 1983 - Amends the Federal Power Act to require the Federal Energy Regulatory Commission to issue a new license to an existing licensee for a hydroelectric project authorized under such Act if the United States does not, upon the expiration of the existing license, exercise its right to take over, maintain, and operate such licensee's project, unless the Commission determines that such licensee's project will not meet the licensing standards under such Act. Provides that if the Commission determines that such licensee's project does not meet such standards, the Commission is authorized to issue a new license to a new licensee which may cover the existing licensee's project provided that the new licensee pays just compensation determined by the Commission and enters into any contracts required under the Federal Power Act. (Under current law, the Commission is authorized to issue a new license to the original licensee or a new license to a new licensee if the United States does not exercise its rights with respect to an expired license.)
United States · United States Congress · 16 November 1983
Expresses the sense of Congress that: (1) the news media should voluntarily refrain from projecting election results before the polls close; and (2) the news media and industry, trade and professional organizations should voluntarily adopt guidelines to assure that exit interview data is not used to project election results before the polls close.
United States · United States Congress · 28 October 1983
Constitutional Amendment - Allows the President an item veto of appropriations bills. Requires the President, in signing such a bill, to designate the provisions disapproved and return the bill to the House in which it originated. Subjects such bills to the same proceeding as other bills disapproved by the President.
United States · United States Congress · 20 October 1983
Amends the National Labor Relations Act to exempt from the prohibition against unfair labor practices any agreement between a labor organization and an employer in the construction industry to refrain from doing business with a contractor or subcontractor at the single site of construction, alteration, painting or repair.
United States · United States Congress · 19 October 1983
Criminal Fine Collection Act of 1983 - Amends the Federal criminal code with respect to the imposition, payment, and collection of fines. Lists factors that the court must consider in determining whether to impose a fine, including: (1) the ability of the defendant to pay; (2) the burden that payment will impose on the defendant; and (3) any restitution or reparation made by the defendant. States that payment of a fine is due immediately unless the court requires payment by installment or by any date certain. Permits a sentence to pay a fine to be stayed while an appeal is taken. Makes a fine delinquent if any portion of such fine is not paid within 30 days of when it is due. Provides that a fine is in default if it is more than 90 days delinquent. Allows for the modification or remission of a sentence to pay a fine. Requires the clerk to forward each fine payment to the U.S. Treasury and notify the Attorney General of its receipt. Requires the court to certify to the Attorney General when a fine exceeding $100 is imposed, modified, or remitted. Makes the Attorney General responsible for the collection of any unpaid fine for which certification has been issued. Allows the court to impose interest and monetary penalties for any willful nonpayment. Establishes civil remedies for the satisfication of an unpaid fine. Provides that a judgment imposing a fine may be enforced by execution against the property of the person fined as are judgments in civil cases. Allows the court to resentence a person upon willful failure to pay a fine to any sentence which might originally have been imposed. Provides for a statute of limitations on the liability to pay a fine of 20 years or upon death of the person fined. Provides penalties for criminal default of a fine. Makes payment of a fine a condition of probation or parole in certain circumstances. Requires the Attorney General to include in the annual crime report steps taken to implement this Act and any progress achieved in criminal fine collection.
United States · United States Congress · 19 October 1983
Amends the judicial code to authorize transferee district courts to retain actions transferred for the determination of liability. Requires remand of such actions for the determination of damages to the transferor district courts, except in certain circumstances. Prescribes guidelines under which the transferee court shall determine the source of substantive law. Authorizes the serving of a subpoena for attendance at a hearing or trial any place within Federal jurisdiction.
United States · United States Congress · 19 October 1983
Amends Federal law to specify the two acre area authorized for the Vietnam Veterans Memorial. Directs the Secretary of the Interior to file a map and a legal description of the specified area with the appropriate congressional committee and to publish such map and legal description in the Federal Register.
United States · United States Congress · 6 October 1983
Cable Telecommunications Act of 1983 - Amends the Communications Act of 1934 to authorize any governmental entity empowered to grant a cable television franchise to require: (1) that a reasonable amount of channel capacity be designated for public, educational, or government purposes; and (2) that rules be promulgated governing the use of such channel capacity, including rules for creating an agency or nonprofit organization to administer the use of such channel capacity. Allows the cable system operator to use such channel capacity for other purposes until there is a demand for use of such capacity for public, educational, or governmental purposes. Prohibits a cable operator from exercising any editorial control over any video programming for such purposes. Requires a cable operator to designate a specified percentage of its channel capacity not required for use under Federal law for commercial use by persons unaffiliated with the operator. Prohibits any Federal, State, or local authority from requiring the designation of a greater percentage of channel capacity for commercial use by unaffiliated persons. Allows an operator to continue using such designated capacity until a written agreement with an unaffiliated person is obtained. Directs the operator to establish prices, terms, and conditions for such use that are sufficient to assure that the operation, financial condition, and market development of the cable system are not adversely affected. Prohibits a cable operator from exercising any editorial control over video programming for such use except to the extent necessary to assure that such cable system is not adversely affected. Prohibits the use of such channel capacity to provide a cable service being provided on the enactment date of this Act in order to avoid providing a diversity of information sources. Authorizes any person aggrieved by the failure of an operator to make channel capacity available for such commercial use to seek to compel that such capacity be made available by bringing an action in the appropriate Federal district court or by petitioning the Federal Communications Commission (FCC). Authorizes the FCC to prescribe rules necessary to assure that a cable operator or owner provides for a diversity of information sources over the cable system: (1) upon finding that prior adjudications constitute a pattern of such failure by such person; and (2) whenever cable systems with 36 or more activated channels are available to 70 percent of U.S. households and are subscribed to by 70 percent of the households to which such systems are available. Prohibits a person from owning or controlling a cable system if such person: (1) is the licensee of a television broadcast station the predicted grade B contour (field strength) of which covers any part of the community served by such cable system; (2) owns or controls a daily newspaper published in such community; or (3) is a common carrier providing telephone exchange service in any part of such community, excluding specified rural areas. Authorizes the FCC to prescribe rules concerning the common ownership or control of cable systems by persons who own or control other media of mass communications serving the community served by the cable system. Prohibits any State or local authority from regulating the diversity of ownership of mass media interests. Prohibits any State or local authority that has an interest in any cable system from directly or indirectly controlling the content of any programming on such system, except programming on educational, public, or government channels, unless such authority establishes an independent board or separate management company. Prohibits the owner of a multiple unit dwelling from interfering with the provision of cable service requested by a resident. Permits the owner to require that: (1) the costs of installation, construction, operation, or removal of the cable facilities be borne by the subscriber, the operator, or both; (2) the condition of the dwelling and the safety and convenience of other residents are not adversely affected by the installation or construction of such facilities; and (3) the owner be fully compensated by the cable operator for any damages caused by such facilities. Directs the FCC to establish the amount of just compensation to which the owner is entitled. Authorizes a governmental or franchising authority to award one or more cable franchises within its jurisdiction. Directs such authority to assure that the opportunity to purchase cable service is not denied to any class of potential subscribers because of income or economic status. Provides that a franchise shall be construed to authorize the construction of a cable system over public rights-of-way and through easements dedicated for compatible uses, provided the property owners are compensated for any resulting damages. Prohibits a cable system from providing cable service without a franchise. Permits a governmental or franchising authority to require the construction of cable system facilities or the provision of certain equipment as part of an initial franchise or a franchise renewal proceeding. Directs such authority to negotiate and, if necessary, enter binding arbitration with a cable operator over the termination, modification, or deferral of a requirement for facilities or equipment (excluding facilities or equipment for educational, public, or government use) that the operator shows to be impracticable as a result of a significant change in circumstances. Provides that the terms of any franchise agreement resulting from a request for proposals originally issued on or before September 30, 1982, shall remain in effect for the remaining term of the franchise. Declares that no cable system shall be subject to regulation as a common carrier or utility by reason of providing cable service. Authorizes a governmental or franchising authority to require a cable operator to pay a franchise fee not to exceed an annual aggregate of five percent of such operator's gross revenues. Permits a cable operator to pass the cost of any increase in the franchise fee through to subscribers. Prohibits a governmental or franchising authority from requiring the provisions of services, facilities, or other items not related to the provision of cable service under a franchise. Authorizes a franchising authority to regulate the rates for the provision of basic cable service and the installation or rental of equipment necessary for the receipt of such service for any cable system that is not located within the grade B contour of four or more full power television signals with at least one affiliate of each of the three power commercial television networks. Authorizes such an authority to regulate the rates of a franchise in effect on the enactment date of this Act for the greater of five years or one-half of the remaining term of the franchise. Authorizes annual rate increases not exceeding the regional consumer price index if subscribers are given 30 days notice. Provides that requests for rate increases shall be deemed to be granted if not acted upon within 90 days. Bars any other regulation of rates, with specified exceptions, by any Federal, State, local, or other franchising authority. Prohibits any such authority from regulating the provision or content of cable services, except that: (1) any applicable FCC regulation in effect on September 21, 1983, may remain in effect; (2) a franchising authority may enforce the terms of a franchise agreement under which the cable operator agrees to provide particular services; (3) a franchising authority and a cable operator may specify that certain services that are obscene or otherwise unprotected by the Constitution may not be provided; and (4) an operator may be required to offer basic cable services. Allows an operator to rearrange, replace, or remove a service specified in a franchise if there has been a significant change in circumstances. Requires a franchising authority to grant an application for the renewal or extension of an operator's franchise, unless: (1) the operator has not substantially complied with the franchise or applicable law or has committed a felony; (2) there has been a change in the operator's qualifications that impairs the provision of service; (3) the facilities to be provided by the operator are unreasonable in terms of cost and community need; (4) the signal of the operator's system has not met the FCC's technical standards; or (5) the proposals of the application are otherwise unreasonable. Sets forth time requirements and procedures governing the filing, consideration, and denial of applications and the judicial review of adverse decisions. Prohibits a franchising authority, upon the expiration of a franchise, from acquiring an ownership interest in a cable system, or requiring a sale of a system to another person, at less than the system's fair market value. Prohibits a franchising authority from acquiring an ownership interest in a system subject to a franchise termination resulting from a material breach by a cable operator, unless the operator was provided notice of, and a reasonable opportunity to remedy, the breach. Prohibits any cable operator or any other person who provides cable services from using the cable system to collect personally identifiable information on a cable subscriber without the written or electronic consent of the subscriber. Permits the collection of such information solely for billing purposes or for monitoring unauthorized receptions of cable telecommunications. Requires such information to be destroyed when it is no longer used for such purposes. Prohibits the disclosure of such information without the consent of the subscriber or a court order authorizing such disclosure. Requires cable operators to notify subscribers of their rights under the privacy provisions of this Act. Requires each subscriber to have access to all of their personally identifiable information collected and maintained by a cable operator or other person providing cable services. Authorizes civil damages for violations of these privacy provisions. States that cable operators have no liability for programs on public, educational, or governmental channels or for channels designated for commercial use by unaffiliated persons. Prohibits any person from intercepting or receiving cable services or assisting in intercepting or receiving cable services without specific authorization by a cable operator or by law. Sets forth provisions governing civil remedies, the determination of civil damages, and criminal penalities for violations of such prohibition. Provides that a State shall not be considered to regulate the rates, terms, and conditions for pole attachments unless: (1) the State has issued and made effective regulations implementing such regulatory authority; and (2) the State takes final action on a complaint about an individual matter within 60 days.
United States · United States Congress · 5 October 1983
Synthetic Fuels Corporation Fiscal Accountability Act of 1983 - Amends the Energy Security Act to prohibit the U.S. Synthetic Fuels Corporation from making new awards of financial assistance after the date of the enactment of this Act and before the date on which the Corporation's comprehensive strategy for achieving the national synthetic fuel production goal is approved by Congress. Makes limitations on Corporation construction projects effective upon the enactment of this Act rather than upon approval of the comprehensive strategy as provided under current law.
United States · United States Congress · 29 September 1983
Amends the Drug Abuse Prevention, Treatment, and Rehabilitation Act to revise the authority of the Office of Drug Abuse Policy within the Office of the President. Allows the President to appoint the Vice President to be the Director. Requires Deputy Directors for Drug Abuse Prevention and for Drug Enforcement. Requires the Director to establish, plan, and coordinate Federal drug abuse functions. Directs the Director to make recommendations to the President and consult and assist State and local governments in order to implement such policies. Directs the Attorney General to notify the Director that a certain drug has a potential for abuse or should be transferred or removed from a schedule under the Controlled Substances Act. Requires the Director to submit an annual report to Congress on the activities conducted under this Act. Authorizes appropriations.
United States · United States Congress · 29 September 1983
Expresses the sense of the Congress that the President should urge the Japanese to extend the current voluntary auto export limits beyond March 31, 1984.
United States · United States Congress · 22 September 1983
National Joint Research and Development Policy Act of 1983 - Declares that agreements to engage in joint research and development ventures and their research and development programs shall not be deemed unlawful, per se, under the antitrust laws. Exempts qualified ventures, participants, and employees thereof from criminal prosecution under the antitrust laws based on conduct that is part of a research and development program that has been disclosed to the Attorney General. Requires a venture to disclose and annually update specified information concerning its formation to the Attorney General in order to be a qualified venture. Limits the liability of qualified ventures, participants, and employees thereof to actual damages, interest thereon, and the cost of suit for antitrust violations based on conduct that is part of a research and development program that has been disclosed to the Attorney General. Directs the court to award a qualified venture, participants, or employees thereof the cost of defending against a claim brought under the antitrust laws if the alleged violation is based on conduct which is part of a disclosed research and development program which does not violate antitrust laws. Sets forth restrictions on the disclosure of information submitted to the Attorney General.
United States · United States Congress · 20 September 1983
Regulatory Oversight and Control Act of 1983 - Title I: Agency Rulemaking Improvements - Requires each executive agency and each independent regulatory agency to include in the notice of a proposed rule an explanation of the agency's determination as to whether the rule is a major rule. Directs each agency, before or upon publishing notice of a proposed rulemaking proceeding for a major rule, to issue statements concerning: (1) the need for the rule; (2) the reasonable alternative approaches; (3) regional differences; (4) the benefits, costs, and effectiveness of the proposed rule and alternatives; (5) the advantages and disadvantages of adopting performance standards rather than design standards; (6) the technical information the agency will rely on in making the rule; and (7) the statutory authority of the agency to regulate any areas previously regulated only by State law. Requires that each agency issue additional statements upon providing notice of the promulgation of a major rule, including a statement of its determination that the benefits of the rule will justify the costs of the rules and that the rule will achieve rulemaking objectives in a more cost effective manner than the alternatives. Directs each agency to: (1) include in the notice of each proposed and final major rule, instructions on how the public may obtain copies of agency statements on such rule; (2) send a copy of all statements required at the notice and publication of a major rule to the President; and (3) include such statements and any technical information considered in the rulemaking file. Requires agencies to provide for oral presentations at informal public hearings as part of the rulemaking proceedings for major rules. Directs agencies to allow cross-examination of persons presenting information if necessary to resolve significant issues of fact. Directs agencies to regulate such public hearings so as to ensure orderly and expeditious proceedings. Allows an agency to delay completing the rulemaking requirements of this Act if it publishes a finding that complying with such requirements before making the rule would be impracticable, unnecessary, or contrary to the public interest. Requires an agency to complete such requirements as soon as practicable after promulgating the rule unless the rule will expire within two years. Sets forth provisions governing the judicial review of agency compliance with rulemaking and rule review requirements of this Act and the President's compliance with oversight requirements. Directs the President to: (1) establish procedures for agency implementation of the requirements of this title; (2) afford the public an opportunity to comment on such procedures before adoption; and (3) monitor, review, and comment on agency compliance with such requirements. Permits the Comptroller General to review agency compliance with this Act. Requires each agency to publish in the Federal Register, semiannually, a regulatory agenda containing a list of all rules the agency expects to propose, promulgate, repeal, modify, or review in the next year and specified information concerning such rules. Requires publication of the agendas of all agencies in a single issue of the Federal Register. Directs each agency to publish for public comment a proposed schedule for the review of its existing major rules and other rules that may be added by the agency or the President. Declares that each such rule shall cease to be effective not more than ten years after the date the final schedule is published. Directs each agency to publish its responses to public comments upon publishing the final schedule. Requires an agency to include with the publication of a major rule the date, within ten years, on which the rule will expire and the date by which the rule must be reviewed. Directs each agency to: (1) publish a notice of the initiation of the review of a rule; (2) describe the costs, benefits, problems, and alternatives to the rule; (3) provide a period for public comment; and either (4) conduct a rulemaking proceeding to reissue or amend the rule; or (5) publish an explanation of its decision to allow the rule to expire. Allows agencies to alter review schedules if the President agrees. Amends the Administrative Procedure Act to eliminate the exemption of rules concerning loans, grants, and benefits from notice and comment rulemaking requirements. Requires that the notice of a proposed rulemaking include: (1) a statement of the objectives of the rule; (2) a statement that the agency seeks proposals from the public of alternative methods; and (3) a statement of where the file of the rulemaking proceeding may be inspected or how file copies may be obtained. Requires an agency to: (1) provide a period of at least 60 days after publishing a notice of proposed rulemaking for the public to submit comments on a proposed rule; and (2) include the agency's response to such comments in the statement published with the adopted rule. Prohibits an agency from relying on any material of central relevance in a rulemaking if the material is not included in the rulemaking file or the public has not had an opportunity to comment on the material. Directs each agency to maintain a public file on each rulemaking proceeding. Allows an agency to exclude from such file any material relied upon which is exempt from public disclosure under the Freedom of Information Act, if a statement of the basis for such exclusion is included. Requires a court reviewing an agency action: (1) not to accord any presumption in favor of or against agency action; (2) in determining questions of law other than statutory jurisdiction, to give the agency's interpretation such weight as it warrants considering the agency's authority under law; (3) in making determinations concerning statutory jurisdiction, to determine whether the action is within the agency's jurisdiction on the basis of the statutory language or other indications of legislative intent; and (4) in determining whether the adoption of a rule is in accordance with law, to consider whether there is substantial support in the rulemaking file for the agency's factual determinations. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within ten days, the Administrative Office of the United States Courts shall select, by a system of random selection, the court in which the record shall be filed. Authorizes the courts to postpone the effective date of the agency action as necessary to permit designation of the court of record. Prohibits agencies from paying expenses of persons participating or intervening in agency proceedings except as specifically authorized by statute. Title II: Congressional Review of Agency Proceedings - Requires each agency to transmit a copy of each rule it promulgates to the House of Representatives and the Senate. Declares that such rule shall be considered only as a recommendation of the agency to Congress. Prohibits a major rule from taking effect unless a joint resolution approving the rule is enacted within 90 days. Prohibits a rule other than a major rule from taking effect if a joint resolution disapproving the rule is enacted within 90 days. Prohibits an agency from promulgating a new rule that is substantially the same as a major rule that was not approved or any other rule that was disapproved. Directs the Comptroller General, at the request of a committee of either House which has primary legislative jurisdiction over a rule or on his or her own initiative, to inform such committee as to whether the rule is consistent with the statutory authority under which it was promulgated. Exempts an emergency rule from such congressional review requirements if the agency submits to the appropriate congressional committees a written notice of: (1) its determination that the rule is an emergency rule; (2) the time period (limited to 210 days) during which the rule will be effective; and (3) its intention to issue a final rule, if necessary, when such emergency rule expires. Sets forth House and Senate procedure for the consideration of such resolutions of approval or disapproval. Declares that: (1) congressional inaction on or rejection of a resolution disapproving a rule shall not be deemed an expression of approval of that rule; and (2) enactment of a resolution approving a major rule shall not be construed to create any presumption of validity with respect to such rule and shall not affect the judicial review of such rule. Title III: Regulatory Oversight and Control Amendments to House Rules - Amends the rules of the House of Representatives to establish a Regulatory Review Calendar to which all resolutions for the approval or disapproval of agency rules shall be referred. Provides for the consideration of the resolutions on such Calendar on the first and third Monday and the second and fourth Tuesday of each month. Declares that it shall be in order during the reading of a general appropriation bill to consider any germane amendment proposing a limitation restricting the implementation of an agency rule, other than a major rule, for which a resolution of disapproval has not been considered by the House, or has been passed by the House but not enacted, within the time required under this Act. Requires each standing committee of the House to consider and adopt its oversight plans in a meeting which is open to the public by March 1 of the first session of a Congress. Directs each such committee to: (1) consult with other congressional committees with jurisdiction over the same areas to assure that such areas are reviewed in the same Congress and that there is maximum coordination and cooperation between such committees in conducting such review; (2) give priority to the review of programs under permanent budget or statutory authority; and (3) attempt to ensure that all laws, programs, activities, and agencies within its jurisdiction are reviewed at least once every ten years. Requires each committee to submit its final plans to the Committee on Government Operations which shall report all such plans to Congress with recommendations to assure the effective coordination of such plans. Authorizes the Speaker of the House, with the approval of the House, to appoint special ad hoc committees to review specific matter within the jurisdiction of two or more standing committees. Requires each committee to include in its biennial report to the House separate sections summarizing the legislative and oversight activities of that committee. Declares that it shall not be in order in the House to consider a primary expense resolution for any committee that has not submitted its oversight plans to the Committee on Government Operations.
United States · United States Congress · 19 September 1983
Expresses the sense of the Congress that the President should not, in response to the downing of Korean Air Lines flight 7, suspend specified grain shipments to the Soviet Union.
United States · United States Congress · 13 September 1983
Designates the week beginning February 12, 1984, as a time to recognize the contributions of volunteers who become Big Brothers and Big Sisters to single parent youths.
United States · United States Congress · 13 September 1983
States that the United States: (1) condemns the Soviet destruction of Korean Air Lines flight 7; (2) calls for an explanation from the Soviets; (3) extends its sympathies to the families who lost loved ones and supports their rights to obtain reparations from the Soviets; (4) calls on the Soviets to assist in the recovery of the remains of the victims; (5) calls for an international investigation by the International Civil Aviation Organization; (6) declares its intention to demand that the Soviets modify their air defense procedures to assure the safety of commercial airliners; (7) finds that this incident will make it difficult for the U.S. and other nations to accept the Soviets as responsible members of the international community; and (8) urges our allies and other nations to cooperate with specified demands on the Soviets.
United States · United States Congress · 4 August 1983
Davis-Bacon Reform Act of 1983 - Amends the Davis-Bacon Act to increase from $2,000 to $1,000,000 the threshold dollar amount subjecting certain contracts to such Act and requiring them to specify the minimum wages to be paid to laborers and mechanics. Directs the Secretary of Labor to establish as the prevailing wage for a class of laborers or mechanics the entire range of wages being paid to a corresponding class of such workers in the particular urban or rural subdivision of the State in which the work is to be performed. Excludes from the computation of wages the basic hourly rates of pay for workers on local Federal projects. Establishes a separate classification for helpers of laborers or mechanics. Amends the Copeland Anti-Kickback Act to require certain contractors or subcontractors to furnish compliance statements concerning weekly wages at the beginning and conclusion of the period covered by the contract, instead of every week as the wages are paid.
United States · United States Congress · 4 August 1983
Wine Equity Act of 1983 - Requires the President to direct the U.S. Trade Representative (USTR) to negotiate the harmonization of tariff and nontariff barriers on wine with each designated major trading country. Requires negotiations with designated major trading countries which do not export wine to the United States in order to eliminate all tariff and nontariff trade barriers of such countries to the importation of U.S. wine. Requires the President to impose tariff and nontariff trade barriers equal or substantially equivalent to the barriers applied by a designated major trading country if such country does not provide harmonization to U.S. produced-wine with 180 days of the country's designation as a designated major trading country. Provides for removing such U.S. tariff and nontariff barriers. Requires the USTR to report to specified congressional committees at the beginning and end of each negotiation. Requires the USTR to consult with such committees to identify further tariff and nontariff barriers to and potential markets for U.S. wine. Provides for assistance for the USTR from other Federal agencies.
United States · United States Congress · 4 August 1983
Amends the Internal Revenue Code to provide for the reporting of tips by large food or beverage establishments in lieu of allocation requirements if reported tips do not equal eight percent of gross receipts. Allows for a reduction of such percentage under certain circumstances.
United States · United States Congress · 2 August 1983
Provides that any legal public holiday declared by Federal statute or Executive order that would result in the number of such holidays in a calendar year exceeding ten shall be treated as a regular workday.
![Official portrait of Rep. Oxley, Michael G. [R-OH-4]](https://www.congress.gov/img/member/o000163_200.jpg)